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(영문) 광주지방법원 2020.05.28 2020고단1199
공문서변조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant altered an official document, who was in a relationship with B, made a false statement that he/she divorceds with B as “C” with the said spouse. However, he/she was willing to alter the marriage certificate and family relation certificate against the Defendant to prove that the said B attempted to verify the authenticity thereof.

On July 10, 2019, the Defendant, using the PDF conversion program, puts into [detailed contents] the marriage relation certificate against the Defendant under the name of the head of the Nam-gu Seoul Metropolitan City, Seoul Metropolitan City, a pre-sleeped with the PDF conversion program. The Defendant deleted “spouse F, Children G, and Children H” as stated in the separate column of the family relation certificate [family matters] against the Defendant, and then printed out the files.

Accordingly, for the purpose of exercising, the Defendant altered one of the marriage relation certificates under the name of the head of the Nam-gu Seoul Metropolitan City, which is an official document and one of the family relation certificates.

2. The Defendant presented that, at the time and place of the foregoing paragraph 1.1., the Defendant taken an altered official document to B, as stated in paragraph 1, a marital relation certificate and family relation certificate, which are the official document altered, and sent the document to Kakao Stockholm.

Accordingly, the defendant exercised the altered official document.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Marriage relation certificate and family relation certificate;

1. Application of Acts and subordinate statutes to family relation certificates and marriage relation photographs;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order pursuant to Article 62-2 of the Criminal Act, the accused is led to the crime, and the accused is wrong.

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